Bill Text: IA HF341 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act prohibiting persons from simultaneously holding more than one elective office and including applicability provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-13 - Subcommittee: Sexton, Mascher and Thompson. H.J. 289. [HF341 Detail]
Download: Iowa-2019-HF341-Introduced.html
House
File
341
-
Introduced
HOUSE
FILE
341
BY
MASCHER
A
BILL
FOR
An
Act
prohibiting
persons
from
simultaneously
holding
more
1
than
one
elective
office
and
including
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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341
Section
1.
Section
39.11,
Code
2019,
is
amended
to
read
as
1
follows:
2
39.11
More
than
one
office
prohibited.
3
Statewide
elected
Elected
officials
and
members
of
the
4
general
assembly
shall
not
hold
more
than
one
elective
office
5
at
a
time.
All
other
elected
officials
shall
not
hold
more
6
than
one
elective
office
at
the
same
level
of
government
7
at
a
time.
This
section
does
not
apply
to
the
following
8
offices:
county
agricultural
extension
council
or
soil
and
9
water
conservation
district
commission.
10
Sec.
2.
Section
39.12,
Code
2019,
is
amended
to
read
as
11
follows:
12
39.12
Failure
to
vacate.
13
An
elected
official
who
has
been
elected
or
appointed
to
14
another
elective
office
to
which
section
39.11
applies
shall
15
choose
only
one
office
in
which
to
serve.
The
official
shall
16
resign
from
all
but
one
of
the
offices
to
which
section
39.11
17
applies
before
the
beginning
of
the
term
of
the
office
to
which
18
the
person
was
most
recently
elected
or
appointed
.
Failure
to
19
submit
the
required
resignation
will
result
in
a
vacancy
in
all
20
elective
offices
to
which
the
person
was
elected
or
appointed
.
21
Sec.
3.
APPLICABILITY.
This
Act
applies
to
the
simultaneous
22
holding
of
elective
offices
that
results
from
an
election
or
23
appointment
that
occurs
on
or
after
July
1,
2019.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
prohibits
persons
from
simultaneously
holding
more
28
than
one
elective
office.
29
Under
current
law,
including
provisions
of
the
Constitution
30
of
the
State
of
Iowa,
common
law,
and
the
Code,
the
31
simultaneous
holding
of
certain
offices
is
barred,
which
is
32
known
as
the
doctrine
of
incompatibility
of
offices.
The
33
Constitution
of
the
State
of
Iowa
bars
the
simultaneous
holding
34
of
offices
for
certain
state-level
offices.
Common
law
bars
35
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341
the
holding
of
multiple
offices
where
one
office
is
subordinate
1
to
the
other,
or
where
the
duties
of
the
two
offices
are
2
inconsistent.
Current
Code
section
39.11
prohibits
statewide
3
elected
officials
and
members
of
the
general
assembly
from
4
holding
more
than
one
elective
office
at
a
time,
as
well
as
5
other
elected
officials
from
holding
more
than
one
elective
6
office
at
the
same
level
of
government
at
a
time.
However,
7
this
statutory
prohibition
does
not
apply
to
the
office
8
of
county
agricultural
extension
council
or
soil
and
water
9
conservation
district
commission.
A
person
elected
to
an
10
elective
office
to
which
Code
section
39.11
applies
is
required
11
to
choose
one
office
in
which
to
serve
and
resign
from
all
12
other
offices.
Failure
to
do
so
creates
a
vacancy
in
all
13
elective
offices
to
which
the
person
was
elected.
14
The
bill
provides
that
the
statutory
prohibition
applies
15
to
all
elective
offices
in
the
state.
Additionally,
the
bill
16
provides
that
the
requirement
to
resign
from
an
office
if
17
elected
to
multiple
offices
also
applies
to
the
simultaneous
18
holding
of
elective
offices
which
results
from
an
appointment
19
to
an
elective
office.
20
The
bill
applies
to
the
simultaneous
holding
of
elective
21
offices
that
results
from
an
election
or
appointment
that
22
occurs
on
or
after
July
1,
2019.
23
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